Senate Bill sb0508

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    Florida Senate - 2007                                   SB 508

    By Senator Fasano





    11-524-07                                               See HB

  1                      A bill to be entitled

  2         An act relating to just valuation of real

  3         property; amending ss. 192.011, 193.011,

  4         193.015, and 193.017, F.S.; deleting

  5         requirements for property appraisers to

  6         consider the highest and best use of property

  7         in determining just valuation; providing

  8         applicability; providing an effective date.

  9  

10  Be It Enacted by the Legislature of the State of Florida:

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12         Section 1.  Section 192.011, Florida Statutes, is

13  amended to read:

14         192.011  All property to be assessed.--The property

15  appraiser shall assess all property located within the county,

16  except inventory, whether such property is taxable, wholly or

17  partially exempt, or subject to classification reflecting a

18  value less than its just value at its present highest and best

19  use. Extension on the tax rolls shall be made according to

20  regulation promulgated by the department in order properly to

21  reflect the general law. Streets, roads, and highways which

22  have been dedicated to or otherwise acquired by a

23  municipality, a county, or a state agency may be assessed, but

24  need not be.

25         Section 2.  Section 193.011, Florida Statutes, is

26  amended to read:

27         193.011  Factors to consider in deriving just

28  valuation.--In arriving at just valuation as required under s.

29  4, Art. VII of the State Constitution, the property appraiser

30  shall take into consideration the following factors:

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    Florida Senate - 2007                                   SB 508
    11-524-07                                               See HB




 1         (1)  The present cash value of the property, which is

 2  the amount a willing purchaser would pay a willing seller,

 3  exclusive of reasonable fees and costs of purchase, in cash or

 4  the immediate equivalent thereof in a transaction at arm's

 5  length;

 6         (2)  The highest and best use to which the property can

 7  be expected to be put in the immediate future and the present

 8  use of the property, taking into consideration any applicable

 9  judicial limitation, local or state land use regulation, or

10  historic preservation ordinance, and considering any

11  moratorium imposed by executive order, law, ordinance,

12  regulation, resolution, or proclamation adopted by any

13  governmental body or agency or the Governor when the

14  moratorium or judicial limitation prohibits or restricts the

15  development or improvement of property as otherwise authorized

16  by applicable law. The applicable governmental body or agency

17  or the Governor shall notify the property appraiser in writing

18  of any executive order, ordinance, regulation, resolution, or

19  proclamation it adopts imposing any such limitation,

20  regulation, or moratorium;

21         (3)  The location of said property;

22         (4)  The quantity or size of said property;

23         (5)  The cost of said property and the present

24  replacement value of any improvements thereon;

25         (6)  The condition of said property;

26         (7)  The income from said property; and

27         (8)  The net proceeds of the sale of the property, as

28  received by the seller, after deduction of all of the usual

29  and reasonable fees and costs of the sale, including the costs

30  and expenses of financing, and allowance for unconventional or

31  atypical terms of financing arrangements.  When the net

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                                   SB 508
    11-524-07                                               See HB




 1  proceeds of the sale of any property are utilized, directly or

 2  indirectly, in the determination of just valuation of realty

 3  of the sold parcel or any other parcel under the provisions of

 4  this section, the property appraiser, for the purposes of such

 5  determination, shall exclude any portion of such net proceeds

 6  attributable to payments for household furnishings or other

 7  items of personal property.

 8         Section 3.  Subsection (1) of section 193.015, Florida

 9  Statutes, is amended to read:

10         193.015  Additional specific factor; effect of issuance

11  or denial of permit to dredge, fill, or construct in state

12  waters to their landward extent.--

13         (1)  If the Department of Environmental Protection

14  issues or denies a permit to dredge, fill, or otherwise

15  construct in or on waters of the state, as defined in chapter

16  403, to their landward extent as determined under s.

17  403.817(2), the property appraiser is expressly directed to

18  consider the effect of that issuance or denial on the value of

19  the property and any limitation that the issuance or denial

20  may impose on the highest and best use of the property to its

21  landward extent.

22         Section 4.  Subsection (4) of section 193.017, Florida

23  Statutes, is amended to read:

24         193.017  Low-income housing tax credit.--Property used

25  for affordable housing which has received a low-income housing

26  tax credit from the Florida Housing Finance Corporation, as

27  authorized by s. 420.5099, shall be assessed under s. 193.011

28  and, consistent with s. 420.5099(5) and (6), pursuant to this

29  section.

30         (4)  If an extended low-income housing agreement is

31  filed in the official public records of the county in which

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                                   SB 508
    11-524-07                                               See HB




 1  the property is located, the agreement, and any recorded

 2  amendment or supplement thereto, shall be considered a

 3  land-use regulation and a limitation on the highest and best

 4  use of the property during the term of the agreement,

 5  amendment, or supplement.

 6         Section 5.  This act shall take effect upon becoming a

 7  law and shall apply to assessments for tax years beginning

 8  January 1, 2008.

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CODING: Words stricken are deletions; words underlined are additions.